Case law

General Electric Co. v. Director of the Division of Employment Security

349 Mass. 358 · Massachusetts Supreme Judicial Court · Jun 14, 1965

Inc. v. … See also Magner v. Kinney, 141 Neb. 122 ; 129-131 (30% decrease in total business); Mortensen v. Board of Review, 21 N. J. 242, 244-245 (“diminution of the volume of work . . . otherwise . . . available”). Cf.

Cook v. Johnson

165 Mass. 245 · Massachusetts Supreme Judicial Court · Feb 26, 1896

Kelleran v. Brown, 4 Mass. 443 . Flint v. Sheldon, 13 Mass. 443 . Bodwell v. Webster, 13 Pick. 411 . Flagg v. Mann, 14 *247 Pick. 467 . Eaton v. Green, 22 Pick. 526 . Clarke v. Sibley, 13 Met. 210 . French v. … Brown , and Eaton v. Green, ubi supra. Campbell v. Dearborn, 109 Mass. 130 . Pond v. Eddy, 113 Mass. 149 . Hassam v. Barrett, 115 Mass. 256 . Cullen v. Carey, 146 Mass. 50 .

Howes v. Town of Essex

329 Mass. 381 · Massachusetts Supreme Judicial Court · Nov 3, 1952

See Cerwonka v. Saugus, 316 Mass. 152, 153 ; Boyle v. Building Inspector of Malden, 327 Mass. 564, 566 ; Sunderland v. Building Inspector of North Andover, 328 Mass. 638, 641 . … As was said in O’Reilly v. Scituate, 328 Mass. 154, 155 , “When legal counsel is meant it is usual to say so.”

Commissioner of Corporations & Taxation v. Assessors of Boston

324 Mass. 32 · Massachusetts Supreme Judicial Court · Mar 7, 1949

The edges and ends of the boards are trimmed and, after being sorted according to grade, length and thickness, the boards are put upon racks to dry and are finally kiln dried. About one third of these boards are planed. … Bogard v. Tyler’s Administrator, 119 Ky. 637 . State v. A. W. Wilbert’s Sons Lumber & Shingle Co. 51 La. Ann. 1223 . Drennan v. Stone, 190 Miss. 874 . Iden v. Bureau of Revenue, 43 N. M. 205. Commonwealth v.

Commonwealth v. Porn

196 Mass. 326 · Massachusetts Supreme Judicial Court · Oct 15, 1907

Commonwealth v. Porn, 195 Mass. 443, 446 . Both medical and popular lexicographers define midwife as a female obstetrician, and midwifery as the practice of obstetrics. B. … Hewitt v. Charier, 16 Pick. 353 . Brown v. Russell, 166 Mass. 14, 23 . Decie v. Brown, 167 Mass. 290 . Hawker v. New York, 170 U. S. 189 . Reetz v. Michigan, 188 U. S. 505 . Meffert v. Packer, 195 U. S. 625 .

Whalen v. First District Court

295 Mass. 305 · Massachusetts Supreme Judicial Court · Sep 9, 1936

By its § 1 a board of fire commissioners was created and its powers were further described as follows: "Said board shall establish a fire department for said city, to consist of such officers and members as said board shall … The fixing of salaries of municipal officers in appropriate instances may be delegated to the appointing board or officer. Hibbard v. County of Suffolk, 163 Mass. 34, 36 . Police Commissioner of Boston v.

Phillips v. Inhabitants of Marblehead

148 Mass. 326 · Massachusetts Supreme Judicial Court · Jan 4, 1889

Prescott v. Ward, 10 Allen, 203 . Smith v. Castles, 1 Gray, 108 . The record of the board of selectmen, of whom Martin was one, was offered for the purpose of contradicting the testimony of Martin. … the judgment of a majority only of a quorum of the board.

Commissioner of Revenue v. Houghton Mifflin Co.

423 Mass. 42 · Massachusetts Supreme Judicial Court · Jun 24, 1996

Decisions of the board are final as to findings of fact. G. L. c. 58A, § 13 (1994 ed.). Thus, the sole question before us is whether the board erred as a matter of law. See First Data Corp. v. … The board did not err as a matter of law. Decision of the Appellate Tax Board affirmed.

Morris's Case

354 Mass. 420 · Massachusetts Supreme Judicial Court · Jun 5, 1968

Commonwealth v. Zaidon, 253 Mass. 600, 602, 603 . Commonwealth v. D’Amico, 254 Mass. 512, 515 . Commonwealth v. McHugh, 316 Mass. 15, 22, 23 . Commonwealth v. Butynski, 339 Mass. 151, 152 . Commonwealth v. Abbott Engr. … Guaranty Security Corp. v. Eastern S.S. Co. 241 Mass. 120, 122, 123 . Barbrick v. Huddell, 245 Mass. 428, 438 . Bianconi v. Crowley, 256 Mass. 187, 189 . 4.

McCarthy v. Commissioner of Revenue

391 Mass. 630 · Massachusetts Supreme Judicial Court · Apr 10, 1984

As the board is a State agency charged with administering the tax abatement process, its determination is due some deference.” See French v. Assessors of Boston, 383 Mass. 481, 482 (1981). … Cabot v. Commissioner of Corps. & Taxation, 267 Mass. 338, 340 (1929). Moreover, “ambiguities in taxing statutes are to be resolved in favor of the taxpayer.” Xtra, Inc. v.

Hubbard v. Garfield

102 Mass. 72 · Massachusetts Supreme Judicial Court · Sep 15, 1869

Chase v. Ingalls, 97 Mass. 524 . … Gheever v. Merritt, 5 Allen, 565 . People v. Warren, 5 Hill, 440 . Watson v. Watson, 9 Conn. 140 . Stoddard v. Tarbell, 20 Verm. 321 . I. Sumner & H. L. Dawes, for the defendant. A. J. Fargo, for the plaintiff.

Gage v. Town of Egremont

409 Mass. 345 · Massachusetts Supreme Judicial Court · Feb 19, 1991

Board of Appeals of Fall River, 319 Mass. 341 (1946), and the Appeals Court opinion in SCIT, Inc. v. Planning Bd. of Braintree, 19 Mass. App. Ct. 101 (1984). … Burnham v. Board of Appeals of Gloucester, 333 Mass. 114, 118 [1955].” MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 638 (1970). The reasoning of SCIT, Inc. v.

Murdock v. Paine Furniture Co.

211 Mass. 97 · Massachusetts Supreme Judicial Court · Feb 27, 1912

The nail projected from the end of the board about half an inch. The board that caused the injury was in a pile of mahogany lumber. … See Whittaker v. Bent, 167 Mass. 588 ; McCann v. Kennedy, 167 Mass. 23 ; Campbell v. Dearborn, 175 Mass. 183 . Judgment on the verdict for the defendant.

Eli & Bessie Cohen Hillel Academy, Inc. v. Director of the Division of Employment Security

396 Mass. 150 · Massachusetts Supreme Judicial Court · Nov 6, 1985

The Sears case, supra at 130, went on to quote Schulte v. … Utils., 390 Mass. 208,213 (1983); Assessors of Sandwich v. Commissioner of Revenue, 382 Mass. 689 (1981). Cf. Commissioner of Revenue v.

Dempsey's Case

230 Mass. 583 · Massachusetts Supreme Judicial Court · Jun 25, 1918

Co. v. Peloquin, 225 Mass. 30 . The main contention of the insurer is that it was decided in Southern Pacific Co. v. Jensen, 244 U. … , § 9, and that this agreement by reason of the decision of Southern Pacific Co. v.

Pendoley v. Ferreira

345 Mass. 309 · Massachusetts Supreme Judicial Court · Jan 7, 1963

[A]lthough the board exercised a measure of control over the operation . . . the board had no intention to . . . license it under” § 143. … See Board of Health of Franklin v. Hass, 342 Mass. 421, 424 ; Prosser, Torts (2d ed.) § 72, esp. at p. 415. See also Boston Ferrule Co. v. Hills, 159 Mass. 147,150-151 .

Brewer v. Proprietors of the Boston Theatre

104 Mass. 378 · Massachusetts Supreme Judicial Court · Mar 15, 1870

Morse, Jr., for the defendants, in support of the demurrers, cited Foss v. Harbottle, 2 Hare, 461; Mozley v. Alston, 1 Phillips, 790 ; Allen v. Curtis, 26 Conn. 456 ; Hersey v. Veazie, 24 Maine, 9; Peabody v. … I. 312; Allen v. Curtis, 26 Conn. 456 *397 Hersey v. Veazie, 24 Maine, 9 ; March v. Eastern Railroad Co. 40 N. H. 548, 567; Robinson v. Smith, 3 Paige, 222, 233 ; Peabody v. Flint, 6 Allen, 52 .

Trustees of the Stigmatine Fathers, Inc. v. Secretary of Administration & Finance

369 Mass. 562 · Massachusetts Supreme Judicial Court · Jan 14, 1976

In 1971 the Board of Trustees of State Colleges (Board) agreed to purchase the plaintiff’s land and buildings for $4,200,000. … There is no doubt that the Board was a proper party defendant in the plaintiff’s first suit, and the Commonwealth was not an indispensable party. G & M Employment Serv. Inc. v.

R. H. White Co. v. Murphy

310 Mass. 510 · Massachusetts Supreme Judicial Court · Jan 2, 1942

V, Title 29, § 151. National Licorice Co. v. National Labor Relations Board, 309 U. S. 350, 362 . … Oughton v. National Labor Relations Board, 118 Fed. (2d) 486, 490.

Assessors of Boston v. World Wide Broadcasting Foundation of Massachusetts, Inc.

317 Mass. 598 · Massachusetts Supreme Judicial Court · Feb 5, 1945

As matter of law, the board could consider that undisputed fact evolved from the statements of counsel and decide the issue accordingly, since it took the place of evidence. Dwyer v. Dwyer, 239 Mass. 188, 190 . Kane v. … Peck v. Elliott, 79 Fed. 10, 13-14 . Bornstein v. District Grand Lodge No. 4, Independent Order B’nai B’rith, 2 Cal. App. 624, 627 . Demp-ster Manuf. Co. v. Downs, 126 Iowa, 80, 83 .